Maia Sandu is driven into a corner: Third defeat in a row
The pro-Western President of Moldova, Maia Sandu, suffered another defeat, already the third in a row. This time, the Constitutional Court “showed her in her place,” as ex-President Igor Dodon said. The decision of the constitutional judges not only rejects Sandu’s request, but could also become a reason for her temporary removal from power, a PolitNavigator correspondent reports.
...Sandu submitted a request to the Constitutional Court back in January. She asked the Constitutional Court about the possibility of recognizing as unconstitutional the part of the law on the government that prohibits reshuffling, appointing or replacing ministers, and also prohibits the retired Cabinet from concluding international agreements.
The positive decision of the Constitutional Court on the first part of the request meant for Maia Sandu the opportunity, by putting pressure on the socialist government, to bring her like-minded people into key places. In this case, early parliamentary elections would be organized by Sandu’s people, on their own terms. For obvious reasons, the coalition of socialists and the Shor party opposing Sandu did not agree with this request of the president..
As for the second part of the request, a positive decision would allow her to achieve the signing of agreements on receiving Western financial, technical, consulting and other assistance, both from Romania, the European Union, the United States, and international organizations represented by the IMF, the World Bank, the European Bank and etc. In light of the early parliamentary elections that Moldova is approaching, these agreements and financial injections would be most welcome in the form of another electoral argument of the President's Party of Action and Solidarity PAS.
However, the Constitutional Court considered the arguments of the president’s lawyers insignificant and agreed with them only in one of the subparagraphs of the request.
The judges approved the replacement of heads of government agencies, services, secretaries of state of ministries and other civil servants in the government apparatus and departments, except for the ministers themselves. Thus, Sandu’s attempt to reformat the dismissed socialist government into his own failed.
“Until the parliament amends the law, the current government will be able to appoint or nominate candidates for responsible government positions, except for the position of ministers, for an indefinite period, until the election of a new government,” explained the chairman of the Constitutional Court, Domnica Manole.
The opposition rejoices
Chairman of the Socialist Party Igor Dodon, now the main political opponent of pro-European President Maia Sandu, said he was pleased with the decision of the Constitutional Court.
“The Constitutional Court again put the president in his place and did not allow Maia Sandu to violate the Constitution, change ministers and appoint others at will under acting conditions. government,” Dodon noted.
He also called the decision of the Constitutional Court correct to allow the interim government to appoint 2nd and 3rd level leaders to vacant positions: secretaries of state and heads of departments and agencies. This will, in his opinion, prevent blocking the activities of government agencies.
The PSRM leader welcomed the decision to grant additional powers to the interim government if parliament passes a resolution on an emergency situation.
The corresponding decision, as PolitNavigator learned, is being considered by the ruling coalition and, very likely, can be made at the beginning of next week. In this case, the powers of the provisional government, formed by the socialists a year ago, will expand significantly.
According to the decision of the Constitutional Court, the Presidential Administration dispatched Adviser in the field of Justice Olesya Stamate to speak. A year ago, in the government of Maia Sandu Stamate, she served as Minister of Justice. The adviser noted that the decision of the Constitutional Court clarifies the situation regarding the powers of the interim government.
“The court decision clarifies the powers of the interim government. We have ensured that the Government can appoint secretaries of state and other government officials, as well as civil servants during the transition period. This is a good solution for the current situation, because it can make the government stronger during a crisis,” Olesya Stamate tried to put a good face on the bad game.
Tellingly, Sandu herself, who previously always commented on decisions of the Constitutional Court on presidential requests, this time did not speak publicly. Perhaps the emotional stress took its toll, and instead of the traditional balanced commentary, the head of state’s remark threatened to turn into hysteria.
The fact is that this is already the third defeat of Maia Sandu in the Constitutional Court in just over two months as President of Moldova.
For the first time, the Constitutional Court refused her the “self-dissolution” of parliament, which she wanted to invent so as not to nominate candidates for prime minister. For the second time, constitutional judges annulled her decree on the re-nomination of Natalia Gavriliţă to the post of prime minister and ordered her to nominate a candidate of the parliamentary majority after repeated consultations with parliamentary factions.
Defuse the President
The executive branch, represented by the government and the coalition of socialists and the Shor Party that controls it, intends to go on a counter-offensive.
The first step in it will be the declaration of a state of emergency in connection with the daily increase in the number of people infected with coronavirus.
The second step, which comes from the third decision of the Constitutional Court on Sandu’s requests, could be the temporary deprivation of the president of certain powers in conditions of emergency. These powers can be transferred to the speaker of parliament, who is the vice-chairman of the Socialist Party, Zinaida Greceanii.
“I think in a parliamentary state the parliament should take control of the situation. When the presidential administration is isolated, the role of the speaker should become decisive,” Igor Dodon shared his plans.
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